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7/24/2019 EAC RULES OF ORIGIN 2015.pdf
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THE EAST AFRICAN
COMMUNITY CUSTOMS UNION
(RULES OF ORIGIN) RULES, 2015
THE EAST AFRICAN COMMUNITY
EAC
JUMUIYAYAAFRIKAMASHARIKI
ISBN: 978-9987-712-62-5
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THE EAST AFRICAN COMMUNITY
THE EAST AFRICAN
COMMUNITY CUSTOMS UNION(RULES OF ORIGIN) RULES, 2015
EAC
JUMUIYA YA AFRIKA MASHARIKI
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THE EAST AFRICAN COMMUNITYCUSTOMS UNION (RULES OF ORIGIN) RULES, 2015
TABLE OF CONTENTS
RULE TITLE
RULE 1 CitationRULE2 Purpose of the Rules of Origin
RULE 3 Interpretation
RULE4 Origin criteria
RULE5 Goods wholly produced in a Partner State
RULE6 Goods produced using materials not wholly obtained from a Partner
State
RULE7 Processes not conferring origin
RULE8 Cumulation of origin
RULE9 Unit of qualification
RULE10 Sets
RULE11 Separation of materials
RULE12 Treatment of mixtures
RULE13 Treatment of packing
RULE14 Neutral elements
RULE15 TerritorialityRULE16 Direct transport
RULE 17 Issuance of certificate of origin
RULE18 Issue of duplicate certificate of origin
RULE19 Issue of certificate of origin on the basis of proof of origin issued or
made out previously
RULE20 Approved exporter
RULE 21 Validity of proof of origin
RULE22 Exemptions from certificate of origin
RULE23 Notification of information related to competent authorities
RULE 24 Verification of proof of origin
RULE25 Preservation of documents
RULE26 Infringement and penalties
RULE27 Manuals
RULE28 Directives by the Council
RULE 29 Cessation of the Rules of OriginRULE 30 Revocation of the East African Community (Rules of Origin) Rules
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SCHEDULE: TITLE
First Schedule List of products and working or processing operations whichconfer originating status
Second Schedule East African Community Certicates of Origin
Third Schedule Suppliers/Producers Declarations
Fourth Schedule Origin Declarations
Fifth Schedule East African Community Form for Verication of Origin
Sixth Schedule East African Community Information Certicate
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THE EAST AFRICAN COMMUNITY CUSTOMS UNION
(RULES OF ORIGIN) RULES, 2015
RULE 1
Citation
These Rules may be cited as The East African Community Customs Union (Rules ofOrigin) Rules, 2015.
RULE 2
Purpose of the Rules of Origin
The purpose of these Rules is to implement the provisions of Article 14 of the Protocoland to ensure that there is uniformity among the Partner States in the application of the
Rules of Origin and that to the extent possible the process is transparent, accountable,fair, predictable and consistent with the provisions of the Protocol.
RULE 3
Interpretation
In these Rules, unless where the context otherwise requires:
assembly means the manufacturing process which utilizes precision jigs, xtures
and specialized facilities, and equipment;
classied means the classication of goods under a particular heading or sub-headingin the Harmonized Commodity Description and Coding System;
Committee means the East African Community Committee on Trade Remediesestablished under Article 24 of the Protocol on the Establishment of the East AfricanCommunity Customs Union;
competent authoritymeans a body or organization designated by a Partner State toissue a certicate of origin;
completely knocked downmeans a kit consisting of parts and subassemblies usedfor the manufacturing of nished products;
Council means the Council of Ministers of the Community established by Article 9of the Treaty;
customs value means the value as determined in accordance with section 122 of theEast African Community Customs Management Act, 2004;
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ex-works price means the price determined in accordance with the provisions of theFirst Schedule paid for the product ex-works to the manufacturer in the Partner State in
whose undertaking the last working or processing is carried out;
foreign countrymeans a country other than a Partner State;
Generally Accepted Accounting Principles means recognised consensus orsubstantial authoritative support given in the territory of a Partner State with respectto the recording of revenues, expenses, costs, assets, and liabilities, the disclosure ofinformation, and the preparation of nancial statements. Generally Accepted Accounting
Principles may encompass broad guidelines for general application, as well as detailedstandards, practices, and procedures;
goods means both materials and products;
heading means four digit codes used in the Harmonized Commodity Descriptionand Coding System;
high seashas the same meaning as in the United Nations Convention on the Law ofthe Sea;
manufacturing means any process that requires technology, infrastructure andmanpower investment by which a commodity is nally produced;
materialsmeans raw materials, semi-nished products, products, ingredients, parts
and components used in the production of goods;
maximum content of non-originating materialsmeans the maximum content ofnon-originating materials which is permitted in order to consider a manufacture as
working or processing sufcient to confer originating status on the product. It may be
expressed as a percentage of the ex-works price of the product or as a percentage of the
net weight of these materials used falling under a specied group of chapters, chapter,
heading or sub-heading;
non-originating material means materials originating from outside the PartnerStates.
part means an individual component, fashioned or otherwise manufactured fromone piece of metal or other material only and not joined or connected in any way toanother component or material;
Partner States means the Republic of Burundi, the Republic of Kenya , the Republicof Rwanda, the United Republic of Tanzania, the Republic of Uganda, and any othercountry granted membership to the Community under Article 3 of the Treaty;
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producedand a process of production include the application of any operationor processes with the exception of any operation or processes as at out in rule 7 of theserules;
producerincludes, among others, mining, manufacturing or agricultural enterpriseor any individual grower or craftsman who supplies goods for export;
productmeans a manufactured product, including a product intended for later use inanother manufacturing operation;
Protocol means the Protocol on the Establishment of the East African CommunityCustoms Union;
Secretariatmeans the Secretariat of the Community established by Article 9 of the
Treaty;
sub-headingmeans six digit codes used in the Harmonized Commodity Descriptionand Coding System;
Summit means the Summit established by Article 9 of the Treaty;
supplier means a natural or legal person who supplies goods for further manufacturewithin a Partner State or for export to another Partner State;
territory includes the territorial sea and the exclusive economic zones of thePartner States as dened in the United Nations Convention on the Law of the Sea;
Treatymeans the Treaty for the Establishment of the East African Community;
value of non-originating materialsin the list in Part 1 of the First Schedule meansthe customs value at the time of importation of the non-originating materials used, or,
if this is not known and cannot be ascertained, the rst ascertainable price paid for the
materials in a Partner State;
value added means the ex-works price of a nished product minus the customs
value of the material imported from outside the Partner States and used in the processof production;
vessel of a Partner State means a vessel of a Partner State which is registered in ories the ag of a Partner State and satises one of the following conditions:
(a) at least 20 per centum of the ofcers of the vessel are nationals of thePartner States;
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(b) at least 20 per centum of the crew of the vessel are nationals of thePartner States; or
(c) at least 20 per centum of the equity holding in respect of the vessel areheld by nationals of the Partner States or institution, agency, enterpriseor corporation of the government of Partner States.
RULE 4
Origin criteria
1. Goods shall be accepted as originating in a Partner State where the goods are-
(a) wholly produced in the Partner State as provided for in rule 5; or
(b) produced in the Partner State incorporating materials which have not beenwholly obtained there, provided that such materials have undergone sufcientworking or processing in the Partner State as provided for in rule 6.
2. For the purposes of implementing these Rules,the Partner States shall beconsidered as one territory.
RULE 5
Goods wholly produced in a Partner State
1. For the purposes of rule 4 (a), the following products shall be regarded as whollyproduced in a Partner State :
(a) mineral products extracted from the ground or sea-bed of the Partner
State;
(b) vegetable products including plant and plant products harvested, gathered
or picked within the Partner State;(c) live animals born and raised within the Partner State;
(d) products obtained from live animals within the Partner State;
(e) products from slaughtered animals born and raised within the PartnerState;
(f) products obtained by hunting or shing conducted within the Partner
State;
(g) products of aquaculture, including mariculture, obtained within the PartnerState where the sh is born and raised;
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(h) products of sea shing and other products taken from the exclusive economic
zone of the Partner State;
(i) products of sea shing and other products taken from the waters in the high
seas by a vessel of a Partner State;
(j) products manufactured in a factory ship of a Partner State exclusively fromthe products referred to in sub-paragraph (i);
(k) products extracted from marine soil or subsoil outside the territorial watersof a Partner State provided that the Partner State has the sole right to workon that soil or subsoil;
(l) used articles t only for the recovery of materials, provided that such
articles have been collected from users within the Partner State;
(m) scrap and waste resulting from manufacturing operations within the PartnerState; and
(n) goods produced within the Partner State exclusively or mainly from thefollowing
(i) products referred to in this paragraph; and
(ii) materials which do not contain elements imported from outside thePartner State or which are of undetermined origin.
2. In determining:
(a) the place of production of marine products in relation to a Partner State,a vessel of a Partner State shall be regarded as part of the territory of thatPartner State; and
(b) the place where goods originated, marine products taken from the high seasor goods produced from the sea shall be regarded as having their originin the territory of a Partner State where they were taken by a vessel orproduced in a vessel of that Partner State and are brought directly to theterritory of the Partner States.
RULE 6
Goods produced using materials not wholly obtained from a Partner State
1. For the purposes of rule 4(b), a product is considered to be sufciently workedor processed when the product listed in the second column of Part 1 of the FirstSchedule fulls the corresponding origin criteria in the third column.
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2. The determination of whether the requirements of Part 1 of the First Schedule aremet shall be carried out for each product.
3. Where a product, which has acquired originating status by fullling the origin
criteria set out in Part 1 of the First Schedule is used in the manufacture of anotherproduct, the origin criteria applicable to the product in which it is incorporateddo not apply to it, and no account shall be taken of the non- originating materials
which may have been used in its manufacture.
4. Where the origin criteria in Part 1 of the First Schedule applicable to the productis based on compliance with a maximum content of non-originating materials, in
order to take into account uctuations in costs and currency rates, the value of the
non-originating materials and ex-works price may be calculated on an average
basis as set out in paragraph 5.
5. An average ex-works price of the product and average value of non-originating
materials used shall be calculated respectively on the basis of:
(a) the sum of the ex-works prices charged for all sales of the
products carried out during the preceding scal year; and
(b) the sum of the value of all the non-originating materials used in the manufacture
of the products over the preceding scal year as dened in the Partner State.
6. Where the sums for the complete scal year are not available as required underparagraph 6, a shorter period which should not be less than three months shall beused.
7. A manufacturer or an exporter who opts to calculate the value of the non originatingmaterials and ex-works price using the average value shall consistently apply
this method during the year following the scal year of reference, or, where
appropriate, during the year following the shorter period used as a reference.
8. A manufacturer or an exporter may cease to apply the method in paragraph 5where during a given scal year, or a shorter period of not less than three months,
if the manufacturer or exporter records that the uctuations in costs or currency
rates which justied the use of such a method have ceased.
9. For the purpose of establishing compliance with Part 1 of the First Schedule,the average ex-works price and the average value of non-originating materials
respectively, shall be used.
10. Notwithstanding paragraph 1, non-originating materials which, according to the
origin criteria set out in Part 1 of the First Schedule should not be used in themanufacture of a given product may be used, where the total value or net weightof the product does not exceed
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(a) 15 % of the weight of the product where the product is within Chapters 2and 4 to 24 of the Harmonized System; or
(b) 15 % of the ex-works price of the product for other products, except where
the product is within Chapters 50 to 63 of the Harmonized System, forwhich the tolerances mentioned in Part 2 of the First Schedule, shallapply.
11. The application of paragraph 10 shall not allow any of the percentages for themaximum content of non-originating materials specied in Part 1 of the First
Schedule to be exceeded.
12. The manufacturer or exporter shall keep and maintain records of all costs tobe considered for the calculation of the ex-works price in conformity with the
Generally Accepted Accounting Principles adopted by the Partner State wherethe product is produced.
RULE 7
Processes not conferring origin
1. Notwithstanding rule 6, the following operations and processes shall not supporta claim that goods originate from a Partner State
(a) packaging, bottling, placing in asks, bags, cases and boxes, xing on cardsor boards and all other simple packaging operations;
(b) simple mixing of ingredients imported from outside the Partner State;
(c) simple assembly of components and parts imported from outside the PartnerState to constitute a complete product;
(d) operations to ensure the preservation of merchandise in good conditionduring transportation and storage such as ventilating, spreading out, drying,freezing, placing in brine, sulphur dioxide or other aqueous solutions andremoval of damaged parts and similar operations;
(e) change of packing and breaking up or assembly of consignments;
(f) marking, labeling or afxing distinguishing sign on products or their
packages;
(g) simple operations consisting of removal of dust, sifting or screening,sorting, classifying or matching, including the making up of sets of goods,washing, planting or cutting up;
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(h) ironing or pressing of textiles;
(i) simple painting or polishing operations;
(j) husking, partial or total bleaching, polishing, and glazing of cereals andrice;
(k) operations to colour sugar or form sugar lumps or partial or total milling ofcrystal sugar;
(l) peeling, stoning or shelling of fruits, nuts or vegetables;
(m) sharpening, simple grinding or simple cutting operations; or
(n) the slaughter of animals.
2. For the purposes of this rule simple, in relation to processing of goods means aprocess where special skills, machines, apparatus or tools especially produced orinstalled for those operations are not required for the process.
3. All the operations carried out in a Partner State on a given product shall be takeninto account when determining whether the working or processing undergone bythat product is to be regarded as insufcient within the meaning of paragraph 1.
RULE 8
Cumulation of origin
1. Materials which originate in a Partner State and which undergo working orprocessing in another Partner State, shall for the purpose of determining theorigin of a nished product be deemed to have originated in the Partner State
where the nal working or processing takes place.
2. Materials which originate in a country or a Regional Economic Community
that the Community has concluded a Free Trade Area Agreement with, shall
be considered as materials originating in a Partner State if the materials areincorporated into goods produced in that Partner State, where the working orprocessing carried out in that Partner State goes beyond the operations referredto in rule 7.
3. Materials which originate from a country or a territory beneting from duty free,
quota free access to the market of the country or Regional Economic Communitythat the Community has concluded a Free Trade Area Agreement with, shallbe considered as materials originating in a Partner State if the materials are
incorporated into goods produced in that Partner State, where the working orprocessing carried out in that Partner State goes beyond the operations referredto in rule 7.
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4. The Cumulation provided in paragraph 3 shall not apply to materials in Schedule2 of the East African Community Common External Tariff.
5. Without prejudice to rule 4, non-originating materials which at importation into
a Partner State from a foreign country are free of customs duties under the EastAfrican Community Common External Tariff, shall be considered as materialsoriginating in the Partner State when incorporated into goods produced in thatPartner State, where the materials have undergone sufcient working or processing
beyond that referred to in rule 7.
6. This rule shall not apply to materials which, at importation to a Partner State, aresubject to the East African Community Customs Union (Antidumping Measures)Regulations or the East African Community Customs Union (Subsidies andCountervailing Measures) Regulations.
RULE 9
Unit of qualication
1. In classifying goods under this rule, each item in a consignment shall be consideredseparately.
2. Notwithstanding paragraph 1:
(a) where the Harmonized Commodity Description and Coding Systemspecies that a group, set or assembly of articles is to be classied within
a single heading, such a group , set or assembly shall be treated as onearticle; and
(b) tools, parts and accessories imported with an article, and whose prices areincluded in the price of the article or for which no separate charge is made,shall be considered as forming a whole with the article which the tools, parts
and accessories constitute the standard equipment customarily included inthe sale of articles of that kind.
3. In cases not within paragraph 2, goods shall be treated as a single article forpurposes of assessing customs duties on like articles by the importing PartnerState.
4. An unassembled or disassembled article, which is imported in more than oneconsignment because it is not feasible for transportation or production reasons to
import it in a single consignment, shall be treated as one article.
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RULE 10
Sets
1. A set dened in General Interpretative Rule 3 of the Harmonized Commodity
Description and Coding System shall be regarded as originating in a Partner Statewhere all the component products originate from the Partner State.
2. Where a set is composed of originating and non-originating products, the set
as a whole shall be regarded as originating in a Partner State if the value of thenon-originating products does not exceed 15 per cent of the ex-works price of the
set.
RULE 11
Separation of materials
Where it is not practicable for the producer to physically separate materials of similarcharacter but different origin used in the production of goods, the producer shall useGenerally Accepted Accounting Principles adopted by the Partner State where theproduct is produced to ensure that no more goods are deemed to originate in the PartnerState than would have been the case if the materials were physically separated.
RULE12Treatment of mixtures
1. In the case of the mixtures, which are not groups, sets or assemblies of goodsunder rule 9, a Partner State may refuse to accept as originating in anotherPartner State, any product resulting from the mixing together of goods whichwould qualify as originating in the Partner State with goods which would notqualify as originating in the Partner State, where the characteristics of the productas a whole are not different from the characteristics of the goods which have been
mixed.
2. In the case of particular products where it is recognized by the Council that itdesirable to permit mixing together of goods described in paragraph 1, suchproducts shall be accepted as originating in the Partner States in respect of thatpart of the product as may be shown to correspond to the quantity of goodsoriginating in the Partner State used in the mixing, subject to such conditions asmay be agreed upon by the Council.
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RULE13
Treatment of packing
1. For the purposes of assessing customs duties, a Partner State may treat goodsseparately from their packing and may in respect of its imports consigned fromanother Partner State, determine the origin of the packing, separately.
2. Where paragraph 1 is not applicable, the packing shall be considered as forminga whole with the goods and no part of any packing required for the transport orstorage shall be considered as having been imported from outside the PartnerState in determining the origin of the goods as a whole.
3. For the purposes of paragraph 2, packing with which goods are ordinarily sold atretail shall not be regarded as packing required for the transport or storage of the
goods.
4. Where the packing materials and containers in which goods are packaged for retailsale shall be classied with the goods in accordance with General Interpretative
Rule 5 of the Harmonized Commodity Description and Coding System, thepacking materials and containers shall be disregarded in determining whetherall the non-originating materials used in the production of the goods where the
goods undergo the applicable change in tariff classication set out in Part 1 of the
First Schedule.
5. Where the goods in Paragraph 4, are subject to a value-added requirement, the
value of the packing materials and containers shall be taken into account asoriginating or non-originating materials, as the case may be, in calculating the
value added to the goods.
6. The containers which are used only for transportation or temporary storage ofgoods and are to be returned shall not be subjected to customs duties and othercharges of equivalent effect.
7. The containers used for transportation or temporary storage of goods, which arenot returned, shall be treated separately from the goods contained in them andshall be subject to import duties and other charges of equivalent effect.
RULE 14
Neutral elements
In order to determine whether a product originates in a Partner State, it shall notbe necessary to determine the origin of the following where these are used in itsmanufacture:
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(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools; and
(d) goods which do not enter and are not intended to enter into the nal
composition of the product.
RULE 15
Territoriality
1. Except as provided for in rule 8, a product shall qualify as originating in a PartnerState where the product fulls the requirements of rule 4 to rule 14.
2. Where originating goods exported from a Partner State to a foreign country arereturned to the Partner State, the goods are considered as non-originating, except
where it is demonstrated to the satisfaction of the Customs that:
(a) the goods are the same goods as those exported; and
(b) the goods have not undergone any operation beyond that necessary topreserve them in good condition while in the foreign country or while beingexported.
3. The acquisition of originating status set out in rule 4 to rule 14 shall not be affectedby working or processing done outside the Partner State on materials exportedfrom the Partner State and subsequently re-imported there, where:
(a) the materials are wholly obtained in the Partner State or have undergone
working or processing beyond the operations referred to in rule 7 prior tobeing exported; and
(b) it can be demonstrated to the satisfaction of the Customs of the exportingPartner State that:
(i) the re-imported goods have been obtained by working or processing
the exported materials; and
(ii) the value acquired outside the Partner State by applying this rule doesnot exceed 10 percent of the customs value of the end product for
which originating status is claimed and where such customs valueis determined in accordance with the provisions of the East AfricanCommunity Customs Management Act, 2004.
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RULE 16
Direct transport
1. The Community tariff treatment under article 14 of the Protocol applies onlyto products, satisfying the requirements of these rules, which are transporteddirectly from a Partner State to another Partner State.
2. Goods transported to a foreign country for purposes of transshipment, packingor other processes that do not confer originating status shall not be disqualied
under this rule.
RULE 17
Issuance of certicate of origin
1. An exporter who claims that goods originate from a Partner State or an authorisedrepresentative of the exporter, shall make an application by lling in the relevant
form prescribed in the Second Schedule.
2. An application made under paragraph 1 shall be accompanied by:
(a) direct evidence of the processes carried out by the exporter to obtain thegoods concerned, contained in accounts or internal bookkeeping of the
exporter;
(b) documents proving the originating status of materials used, issued by aPartner State where these documents are used, in accordance with thenational laws of the Partner State;
(c) documents proving the working or processing of materials in the PartnerState where these documents are used in accordance with the national lawsof the Partner State;
(d) a certicate of origin proving the originating status of materials used, issued
by a Partner State in accordance with these rules; and
(e) any other document as may be required by the competent authority.
3. Where the exporter is not the producer, the exporter shall, in respect of goodsintended for export, furnish the competent authority with a written declaration ofthe producer showing that the goods originate in a Partner State under rule 4.
4. The declaration of the producer shall be in the form prescribed in the ThirdSchedule.
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5. A competent authority of a Partner State shall verify the application and theoriginating status of the product, and shall have the right to call for any otherevidence of originating status and to carry out any inspection of the accounts ofthe exporter or any other check considered appropriate.
6. A competent authority of a Partner State shall, if satised with the application
and originating status, issue a certicate of origin to the exporter before actual
exportation is effected.
7. Notwithstanding paragraph 6, a competent authority of a Partner State may, inexceptional circumstances, issue a certicate of origin after exportation of the
products to which the certicate relates stating the reasons for the issuance.
8. A Certicate of origin issued after exportation of products shall be endorsed in
Box 4 with the phrase:
ISSUED AFTER EXPORTATION.
RULE 18
Issue of a duplicate certicate of origin
1. In the event of theft, loss or destruction of a certicate of origin, the exporter
may apply to the competent authority which issued the certicate of origin for a
duplicate.
2. The competent authority shall, on the basis of the original application, issue aduplicate certicate of origin.
3. The duplicate certicate of origin issued under paragraph 2 shall be endorsed in
Box 4 with the phrase:
DUPLICATE of Certicate No. [. ] of [date]
4. The duplicate certicate of origin shall bear the date of issue of the original
certicate of origin and shall take effect as from that date.
RULE 19
Issue of certicates of origin on the basis of proof of origin issued
or made out previously
1. Where an exporter wishes to distribute originating goods within the Community,
the competent authority under whose control the originating goods are placed,may replace the certicate of origin or origin declaration with a replacementcerticate of origin as may be required.
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2. Paragraph 1 shall apply where the originating goods are in the control of theCustoms of the Partner State.
3. The replacement certicate of origin issued under this rule, shall be endorsed in
Box 4 with the phrase:
REPLACEMENT for [Partner State]Certicate No. [. ] of [date]
RULE 20
Approved exporter
1. An exporter who makes frequent shipments of products under these Rules mayapply to the competent authority of the exporting Partner States to become an
approved exporter and make origin declarations.
2. An exporter who makes an application under paragraph 1, shall
(a) submit the documents specied in rule 17 (2); and
(b) offer to the satisfaction of the competent authority the guarantees necessaryto verify the originating status of the products as well as the fullment of
the other requirements of these Rules.
3. A competent authority may approve the application of an exporter underparagraph 1 subject to any conditions which the competent authority may considerappropriate.
4. A competent authority shall allocate to the approved exporter an authorisationnumber which shall appear on the origin declaration.
5. An approved exporter shall make an origin declaration using the format prescribedin the Fourth Schedule.
6. An origin declaration shall bear the original signature of the approved exporter.
7. An origin declaration may be made out by the approved exporter when theproducts to which it relates are exported, or after exportation on condition thatit is presented in the importing country no longer than three months after theimportation of the products to which it relates.
8. A competent authority may revoke or withdraw the approved exporter status ifthe approved exporter
(a) no longer offers the guarantees referred to in paragraphs 1and 2;
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(b) does not fulll the conditions referred to in paragraph 3; or
(c) makes an incorrect use of the authorization.
9. A competent authority shall through the Secretariat, notify the competentauthorities of the other Partner States of exporters approved by the competentauthority.
10. The Secretariat shall maintain a data- base of approved exporters on the basis of
the information supplied by the competent authorities of the Partner States.
11. A competent authority shall ensure that data communicated to the Secretariat iskept up to date, and is complete and accurate.
12. The data maintained in this rule, except the condential information on the
approved exporter, shall be available to the public.
RULE 21
Validity of proof of origin
1. A certicate of origin shall be valid for six months from the date of issue by the
competent authority of the exporting Partner State, and shall be submitted withinthe said period to the Customs of the importing Partner State.
2. An origin declaration shall be valid for six months from the date of the declarationand shall be submitted within the said period to the Customs of the importingPartner State.
3. The Customs of the importing Partner State may allow a certicate of origin or
an origin declaration to be submitted after six months in circumstances where theCustoms is satised that the delay in the submission of the certicate of origin or
an origin declaration was due to exceptional circumstances.
4. A certicate of origin and an origin declaration shall be submitted to the Customs
of the importing Partner State in accordance with the East African CommunityCustoms Management Act, 2004.
RULE 22
Exemptions from certicate of origin
A product sent as a small package from a private person in a Partner State to a privateperson in another Partner State, whose value does not exceed USD 500 or whichforms part of travellers personal luggage whose value does not exceed USD1200, shall
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be admitted as an originating product without requiring the submission of a proof oforigin, provided that the product is not imported by way of trade and has been declaredto meet the requirements of these Rules and where there is no doubt as to the veracityof such a declaration.
RULE 23
Notication of information related to competent authorities
1. A Partner State shall through the Secretariat, notify the other Partner States of-
(a) the address of the competent authority of that Partner State; and
(b) specimen impressions of the stamps and specimen signatures of the ofcials
authorized to sign the certicates.
2. The Partner States shall inform each otherimmediately whenever there are anychanges to the information referred to in paragraph 1.
RULE 24
Verication of proof of origin
1. A competent authority may, in exceptional circumstances and notwithstanding
the presentation of a certicate of origin issued, or origin declaration made inaccordance with these Rules, require, further verication of the information
contained in that certicate of origin or origin declaration.
2. Where a request for further verication is made by a competent authority under
this rule, the verication shall be made within three months of the request, using
the form prescribed in the Fifth Schedule.
3. An importing Partner State shall not prevent an importer from taking deliveryof goods solely on the grounds that it requires further evidence, but may require
security for any duty or other charge which may be payable.
4. The Customs of a Partner State to which a written declaration of the producer issubmitted may request the Customs of the Partner State where the declarationwas made to issue an information certicate, using the format prescribed in the
Sixth Schedule.
RULE 25
Preservation of documents
The documents required or issued under these Rules shall be kept for at least ve
years.
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RULE 26
Infringement and penalties
1. A Partner State to which a false claim is made in respect of the origin of goodsshall immediately bring the matter to the attention of an exporting Partner Statefrom which the false claim is made, for appropriate action.
2. Without prejudice to paragraph 1, a Partner State to which a false claim is madein respect to the origin of goods, may apply the relevant provisions of the EastAfrican Community Customs Management Act, 2004.
3. A Partner State which has, in pursuance of paragraph 1, brought to the attentionof an exporting Partner State a false claim may, where the Partner State is of theopinion that no satisfactory action has been taken within three months by theexporting Partner State, refer the matter to the Committee on Trade Remedies.
4. Where a matter is referred to the Committee on Trade Remedies, the Committeeshall take appropriate measures in accordance with the relevant provisions of theTreaty.
5. Any continued infringement by a Partner State on the provisions of these Rulesmay be referred to the Council which shall take measures in accordance withprovisions of the Treaty.
RULE 27
Manuals
The Secretariat shall develop and review manuals in respect of these Rules.
RULE 28
Directives by the Council
The Council may issue directives for the better carrying out of the provisions of theseRules in accordance with Article 14 of the Treaty.
RULE 29
Cessation of the Rules of Origin
The Summit shall, upon recommendation from the Council verifying that objectives ofthe Customs Union have been fully achieved, declare the cessation of these Rules.
RULES 30
Revocation of the East African Community Customs Union (Rules of Origin) Rules
The East African Community Customs Union (Rules of Origin) Rules that came intoeffect from the 1st day of January, 2005 are hereby revoked
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FIRST SCHEDULE
LIST OF PRODUCTS AND WORKING OR PROCESSING OPERATIONS
WHICH CONFER ORIGINATING STATUS
PART 1
LIST OF PRODUCTS AND WORKING OR PROCESSING OPERATIONS
WHICH CONFER ORIGINATING STATUS
Rule 6(1)
HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
Chapter 1 Live animals All the animals of Chapter 1 used must be
wholly producedChapter 2 Meat and edible meat offal Manufacture in which all the meat and edible
meat offal in the products of this Chapter is
wholly produced
Chapter 3 Fish and crustaceans, molluscs and
other aquatic invertebrates
All sh and crustaceans, molluscs and other
aquatic invertebrates are wholly produced
Chapter 4 Dairy produce; birds eggs; natural
honey; edible products of animal
origin, not elsewhere specied or
included
Manufacture in which :
-all the materials of Chapter 4 are wholly
produced ; and
-the weight of sugar used does not exceed 30%
of the weight of the nal product
Chapter 5 Products of animal origin, not
elsewhere specied or included
Manufacture in which all the materials of
Chapter 5 used must be wholly produced
Chapter 6 Live trees and other plants; bulbs,
roots and the like; cut owers and
ornament foliage.
Manufacture in which all the materials of
Chapter 6 used must be wholly produced.
However, materials of heading 06.04 may be
used
Chapter 7 Edible vegetables and certain roots
and tubers
Manufacture in which all the materials of
Chapter 7 used must be wholly produced
Chapter 8 Edible fruit and nuts; peel of citrus
fruits or melons.
Manufacture in which all the edible fruit, nuts
and peels of citrus fruits or melons of Chapter
8 used must be wholly produced, and
- the weight of sugar used does not exceed30% of the weight of the nal product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
Chapter 9 Coffee, tea, mat and spices Manufacture in which all the materials of
Chapter 9 used must be wholly produced
Chapter 10 Cereals. Manufacture in which all the materials of
Chapter 10 used must be wholly produced
ex Chapter 11 Products of the milling industry;
malt; starches; inulin; wheat gluten;
except for:
Manufacture in which all the materials of
Chapters 10 and 11, headings 07.01 and
23.03, and sub-heading 0710.10 are wholly
produced
11.01 Wheat or meslin our Manufacture from materials of any heading,
except that of the product
Chapter 12 Oil seeds and oleaginous fruits;
miscellaneous grains, seeds and fruit;
industrial or medical plants: straw
and fodder.
Manufacture in which all the materials of
Chapter 12 used must be wholly produced
Chapter 13 Lacs; gums, resins and other
vegetable saps and extracts
Manufacture from materials of any heading,
in which the weight of non-originating
materials used does not exceed 30 % of the
weight of the nal product
Chapter 14 Vegetable plaiting materials;
vegetable products not elsewhere
specied or included
Manufacture in which all the materials of
Chapter 14 used must be wholly produced
Chapter 15 Animal or vegetable fats and oils and
their cleavage products; prepared
edible fats; animal or vegetable
waxes
Manufacture from materials of any heading,
except that of the product
Chapter 16 Preparations of meat, of sh or ofcrustaceans, molluscs or other aquatic
invertebrates
Manufacture:
-from materials of any heading, except meat
end edible meat offal of Chapter 2 and materials
of Chapter 16 obtained from meat and edible
meat offal of Chapter 2,and
-in which all the materials of Chapter 3 and
materials of Chapter 16 obtained from sh
and crustaceans, molluscs and other aquatic
invertebrates of Chapter 3 used are whollyproduced
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
17.01 Cane or beet sugar and chemically
pure sucrose, in solid form
Manufacture in which the materials of chapter
17 used are wholly produced
17.02 Other sugars, including chemically
pure lactose, maltose, glucose and
fructose, in solid form; sugar syrups
not containing added avouring or
colouring matter; articial honey,
whether or not mixed with natural
honey; caramel:
Manufacture from materials of any heading,
except that of the product in which the weight
of the materials of heading 11.01 to 11.08,
17.01 and 17.03 does not exceed 30 % of the
weight of the nal product
17.03 Molasses resulting from the extraction
or rening of sugar
Manufacture in which the materials of chapter
17 used are wholly produced
17.04 Sugar confectionery (including white
chocolate), not containing cocoa
Manufacture from materials of any heading,
except that of the product
ex Chapter 18 Cocoa and cocoa preparations, except
for:
Manufacture from materials of any heading,
except that of the product
Or
Manufacture in which the value of non-
originating materials used does not exceed
70% of the ex-works price of the product
18.06 Chocolate and other food preparations
containing cocoa.
Manufacture from materials of any heading,
except that of the product, in which the weight
of the non-originating materials used does not
exceed 30% of the weight of the nal product
Chapter 19 Preparations of cereals, our, starch
or milk; pastrycooks products
Manufacture from materials of any heading,
except that of the product, in which the weightof the non-originating materials used does not
exceed 30% of the weight of the nal product
ex Chapter 20 Preparations of vegetables, fruit, nuts
or other parts of plants; except for:
Manufacture from materials of any heading,
except that of the product, in which the weight
of sugar used does not exceed 30% of the
weight of the nal product
20.02 and
20.03
Tomatoes, mushrooms and trufes
prepared or preserved otherwise thanby vinegar of acetic acid
Manufacture in which all the materials of
chapter 7 used are wholly produced
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
Chapter 21 Miscellaneous edible preparations Manufacture from materials of any heading,
except that of the product, in which the
weight of non-originating materials used doesnot exceed 30% of the weight of the nal
product.-
ex Chapter 22 Beverages, spirits and vinegar;
except for:
Manufacture from materials of any heading,
except that of the product
22.02 Waters, including mineral waters
and aerated waters, containing added
sugar or other sweetening matter oravoured, and other non-alcoholic
beverages, not including fruit or
vegetable juices of heading 20.09
Manufacture from materials of any heading
except that of the product, in which the weight
of sugar and of the materials of Chapter 4 useddoes not exceed 30% of the weight of the nal
product
ex Chapter 23 Residues and waste from the food
industries; prepared animal fodder,
except for:
Manufacture from materials of any heading,
except that of the product
23.02 and
ex 23.03
Bran, sharps and other residues
derived from the sifting, millingor other working of cereals or of
leguminous plants. Residues of
starch manufacture
Manufacture from materials of any heading,
except that of the product, in which the weightof materials of Chapter 10 used does not exceed
30 % of the weight of the nal product
23.09
Preparations of a kind used in animal
feeding
Manufacture from materials of any heading,
except that of the product, in which:
-all the materials of Chapter 2 and 3 used are
wholly produced, and
-the weight of materials of Chapter 10 and 11
and headings 23.02 and 23.03 used does not
exceed 30 % of the weight of the nal product
ex Chapter 24 Tobacco and manufactured tobacco
substitutes; except for:
Manufacture in which all the materials used
are wholly produced
24.01 Unmanufactured tobacco; tobacco
refuse
All unmanufactured tobacco and tobacco
refuse of Chapter 24 is wholly produced
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
24.02 Cigars, cheroots, cigarillos and
cigarettes, of tobacco or of tobacco
substitutes
Manufacture from materials of any heading,
except that of the product in which all
unmanufactured tobacco and tobacco refuseof heading 24.01 used is wholly produced and
use of oriental tobacco and any other tobacco
not produced in the region does not exceed
30% of the weight of the nal product.
ex Chapter 25 Salt; sulphur; earths and stone;
plastering material, lime and cement;
except for:
Manufacture in which all the minerals of this
chapter used are wholly produced
ex 25.19 Crushed natural magnesium carbonate
(magnesite), in hermetically-sealed
containers, and magnesium oxide,
whether or not pure, other than fused
magnesia or dead-burned (sintered)
magnesia
Manufacture from materials of any heading,
except that of the product. However, natural
magnesium carbonate (magnesite) may be
used
Chapter 26 Ores, slag and ash Manufacture from materials of any heading,
except that of the product
ex Chapter 27 Mineral fuels, mineral oils and
products of their distillation;
Bituminous substances; Mineral
waxes, except for:
Manufacture from materials of any heading,
except that of the product
ex 27.07 Oils in which the weight of the
aromatic constituents exceeds that ofthe non-aromatic constituents, being
oils similar to mineral oils obtained
by distillation of high temperature
coal tar, of which more than 65 %
by volume distils at a temperature of
up to 250C (including mixtures of
petroleum spirit and benzole), for use
as power or heating fuels
Operations of rening and/or one or more
specic process(es)
Or
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be
used, provided that their total value does
not exceed 50% of the ex-works price of the
product.
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
27.10 Petroleum oils and oils obtained from
bituminous materials, other than
crude; preparations not elsewherespecied or included, containing by
weight 70 % or more of petroleum oils
or of oils obtained from bituminous
materials, these oils being the basic
constituents of the preparations
Operations of rening and/or one or more
specic process(es)
Or
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be
used, provided that their total value does
not exceed 50% of the ex-works price of the
product
27.11 Petroleum gases and other gaseous
hydrocarbons
Operations of rening and/or one or more
specic process(es)
Or
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be
used, provided that their total value does
not exceed 50% of the ex-works price of the
product
27.12 Petroleum jelly; parafn wax,
microcrystalline petroleum wax,
slack wax, ozokerite, lignite wax, peat
wax, other mineral waxes and similar
products obtained by synthesis or
by other processes, whether or not
coloured
Operations of rening and/or one or more
specic process(es)
Or
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be used,
provided that their total value does not exceed
50% of the ex-works price of the product
27.13 Petroleum coke, petroleum bitumen
and other residues of petroleum oils
or of oils obtained from bituminous
materials
Operations of rening and/or one or more
specic process(es)
Or
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be
used, provided that their total value does
not exceed 50% of the ex-works price of the
product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
ex Chapter 28 Inorganic chemicals: organic or
inorganic compounds of precious
metals, of rare- earth metals, ofradioactive elements or of isotopes;
except for
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may beused, provided that their total value does
not exceed 20% of the ex-works price of the
product
ex 28.11 Sulphur trioxide Manufacture from sulphur dioxide
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex 28.40 Sodium perborate Manufacture from disodium tetraborate
pentahydrate
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex Chapter 29 Organic chemicals; except for: Manufacture from materials of any heading,except that of the product. However, materials
of the same heading as the product may be used,
provided that their total value does not exceed
20% of the ex-works price of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex 29.05 Metal alcoholates of alcohols of this
heading and of ethanol
Manufacture from materials of any heading,
including other materials of heading 29.05.
However, metal alcoholates of this heading
may be used, provided that their total value
does not exceed 20% of the ex-works price of
the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
2905.43,
2905.44 and
2905.45
Mannitol;D-glucitol (sorbitol);
Glycerol
Manufacture from materials of any sub-
heading, except that of the product. However,
materials of the same sub-heading as theproduct may be used, provided that their total
value does not exceed 20% of the ex-works
price of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
29.15 Saturated acyclic monocarboxylicacids and their anhydrides, halides,
peroxides and peroxyacids; their
halogenated, sulphonated, nitrated or
nitrosated derivatives
Manufacture from materials of any heading.However, the value of all the materials of
headings 29.15 and 29.16 used shall not exceed
20% of the ex-works price of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex 29.32 - Internal ethers and their halogenated,sulphonated, nitrated or nitrosated
derivatives
- Cyclic acetals and internal
hemiacetals and their halogenated,
sulphonated, nitrated or nitrosated
derivatives
Manufacture from materials of any heading.However, the value of all the materials of
heading 29.09 used shall not exceed 20% of
the ex-works price of the product
Or
Manufacture from materials of any heading,
except that of the product
Or
Manufacture in which the value of all thenon-originating materials used does not exceed
70% of the ex-works price of the product
29.33 Heterocyclic compounds with
nitrogen hetero-atom(s) only
Manufacture from materials of any heading.
However, the value of all the materials of
headings 29.32 and 29.33 used shall not exceed
20% of the ex-works price of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
29.34 Nucleic acids and their salts; other
heterocyclic compounds
Manufacture from materials of any heading.
However, the value of all the materials of
headings 29.32, 29.33 and 29.34 used shallnot exceed 20% of the ex-works price of the
product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
Chapter 30 Pharmaceutical products Manufacture from materials of any heading,except that of the product
Chapter 31 Fertilisers Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be
used, provided that their total value does
not exceed 20% of the ex-works price of the
product
Or
Manufacture in which the value of all the
non-originating materials used does not
exceed 70% of the ex-works price of the
product
Chapter 32 Tanning or dyeing extracts; tannins
and their derivatives; dyes, pigments
and other colouring matter; paints
and varnishes; putty and other
mastics; ink
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be
used, provided that their total value does
not exceed 20% of the ex-works price of the
product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
Chapter 33 Essential oils and resinoids;
perfumery, cosmetic or toilet
preparations
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be used,provided that their total value does not exceed
20% of the ex-works price of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex Chapter 34 Soap, organic surface-active agents,
washing preparations, lubricating
preparations, articial waxes,
prepared waxes, polishing or scouring
preparations, candles and similar
articles, modelling pastes, dental
waxes and dental preparations with
a basis of plaster; except for:
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be used,
provided that their total value does not exceed
20% of the ex-works price of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
34.04 Articial waxes and prepared waxes:
- With a basis of parafn, petroleum
waxes, waxes obtained from
bituminous minerals, slack wax or
scale wax
Manufacture from materials of any heading,except that of the product
Chapter 35 Albuminoidal substances; modied
starches; glues; enzymes
Manufacture from materials of any heading,
except that of the product, in which the value
of all the non-originating materials used does
not exceed 70 % of the ex-works price of the
product
Chapter 36 Explosives; pyrotechnic products;
matches; pyrophoric alloys; certain
combustible preparations
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be used,
provided that their total value does not exceed
20% of the ex-works price of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
Chapter 37 Photographic or cinematographic
goods
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may beused, provided that their total value does
not exceed 20% of the ex-works price of the
product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex Chapter 38 Miscellaneous chemical products;
except for:
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be
used, provided that their total value does
not exceed 20% of the ex-works price of the
product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed70% of the ex-works price of the product
ex 38.03 Rened tall oil Rening of crude tall oil
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex 38.05 Spirits of sulphate turpentine,
puried
Purication by distillation or rening of raw
spirits of sulphate turpentine
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
3806.30 Ester gums Manufacture from resin acids
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex 38.07 Wood pitch (wood tar pitch) Distillation of wood tar
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
3809. 10 Finishing agents, dye carriers to
accelerate the dyeing or xing of
dyestuffs and other products and
preparations (for example, dressings
and mordants), of a kind used in
the textile, paper, leather or like
industries, not elsewhere specied or
included; with a basis of amylaceoussubstances
Manufacture in which the value of all the
non-originating materials used does not exceed
70 % of the ex-works price of the product
38.23 Industrial monocarboxylic fatty
acids; acid oils from rening;
industrial fatty alcohols.
Manufacture from materials of any heading,
including other materials of heading 38.23
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
3824.60 Sorbitol other than that of heading
29.05
Manufacture from materials of any sub-
heading, except that of the product and except
materials of sub-heading 2905.44. However,
materials of the same sub-heading as the
product may be used, provided that their total
value does not exceed 20% of the ex-works
price of the product
Or
Manufacture in which the value of all thenon-originating materials used does not exceed
70% of the ex-works price of the product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
ex Chapter 39 Plastics and articles thereof; except
for:
Manufacture from materials of any heading,
except that of the product.
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex 39.07 Copolymer, made from poly-
carbonate and acrylonitrile-
butadiene-styrene copolymer (ABS)
Manufacture from materials of any heading,
except that of the product. However, materials
of the same heading as the product may be
used, provided that their total value does
not exceed 50% of the ex-works price of the
product1
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
Polyester Manufacture from materials of any heading,
except that of the product
Or
Manufacture from polycarbonate of
tetrabromo-(bisphenol A)
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex 39.20 - Ionomer sheet or lm Manufacture from a thermoplastic partial
salt which is a copolymer of ethylene and
metacrylic acid partly neutralised with metal
ions, mainly zinc and sodium
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product__________________________1 In the case of the products composed of materials classied within both headings 39.01 to 39.06, on the one hand, and within headings 39.07 to 39.11, on the other hand, this restriction
only applies to that group of materials which predominates by weight in the product.
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
ex 39.21 Foils of plastic, metallized Manufacture from highly-transparent
polyester-foils with a thickness of less than 23
micron2
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex Chapter 40 Rubber and articles thereof; except
for:
Manufacture from materials of any heading,
except that of the product.
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
40.12 Retreaded or used pneumatic tyres
of rubber; solid or cushion tyres,
interchangeable tyre treads and tyre
aps, of rubber:
Retreaded pneumatic, solid or
cushion tyres, of rubber
Retreading of used tyres
Other Manufacture from materials of any heading,
except those of headings 40.11 and 40.12
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70% of the ex-works price of the product
ex Chapter 41 Raw hides and skins (other than
furskins) and leather; except for:
Manufacture from materials of any heading,
except that of the product
__________________________2 The following foils shall be considered as highly transparent: foils, the optical dimming of which, measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor), is
less than 2%.
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
41.01 to
41.03
Raw hides and skins of bovine
(including buffalo) or equine animals
(fresh, or salted, dried, limed, pickledor otherwise preserved, but not
tanned, parchment dressed or further
prepared), whether or not dehaired
or split; raw skins of sheep or lambs
(fresh, or salted, dried, limed, pickled
or otherwise preserved, but not
tanned, parchment dressed or further
prepared), whether or not with wool
on or split, other than those excluded
by note 1(c) to Chapter 41; otherraw hides and skins (fresh, or salted,
dried, limed, pickled or otherwise
preserved, but not tanned, parchment
dressed or further prepared), whether
or not dehaired or split, other than
those excluded by note 1(b) or 1(c)
to Chapter 41
Manufacture in which all the materials of these
headings used are wholly produced
41.04 to41.06
Tanned or crust hides and skins,without wool or hair on, whether or
not split, but not further prepared
Re-tanning of tanned or pre-tanned hides andskins of sub-headings 4104 .11, 4104. 19,
4105. 10, 4106. 21, 4106. 31 or 4106. 91,
41.07,
41.12 and
41.13
Leather further prepared after tanning
or crusting
Manufacture from materials of any heading,
except that of the product. However, materials
of sub-headings 4104 .41, 4104. 49, 4105. 30,
4106. 22, 4106. 32 and 4106. 92 may be used
only if a re-tanning operation of the tanned
or crust hides and skins in the dry state takesplace
Chapter 42 Articles of leather; saddlery and
harness; travel goods, handbags and
similar containers; articles of animal
gut (other than silk worm gut)
Manufacture from materials of any heading,
except that of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70 % of the ex-works price of the product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
ex Chapter 43 Furskins and articial fur;
manufactures thereof; except for:
Manufacture from materials of any heading,
except that of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70 % of the ex-works price of the product
43.01 Raw furskins (including heads, tails,
paws and other pieces or cuttings,
suitable for furriers use), other than
raw hides and skins of heading 41.01,
41.02 or 41.03
Manufacture from materials of any heading,
except that of the product
ex 43.02 Tanned or dressed furskins,
assembled:
Plates, crosses and similar forms Bleaching or dyeing, in addition to cutting and
assembly of non-assembled tanned or dressed
furskins
Other Manufacture from non-assembled, tanned or
dressed furskins
43.03 Articles of apparel, clothing
accessories and other articles of
furskin
Manufacture from non-assembled tanned or
dressed furskins of heading 43.02
ex Chapter 44 Wood and articles of wood; wood
charcoal; except for:
Manufacture in which all the materials of this
chapter used are wholly produced
ex 44.03 Wood roughly squared Manufacture from wood in the rough, whether
or not stripped of its bark or merely roughed
down
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
ex 44.07 Wood sawn or chipped lengthwise,
sliced or peeled, of a thickness
exceeding 6 mm, planed, sanded ornger-jointed
Planing, sanding or nger-jointing
ex 44.08 Veneer sheets and sheets for plywood,
of a thickness not exceeding 6
mm, spliced, and other wood sawn
lengthwise, sliced or peeled of a
thickness not exceeding 6 mm,
planed, sanded or nger-jointed
Splicing, planing, sanding or nger-jointing
ex 44.10 to
ex 44.13
Beadings and mouldings, including
moulded skirting and other moulded
boards
Beading or moulding
ex 44.15 Packing cases, boxes, crates, drums
and similar packings, of wood
Manufacture from boards not cut to size
ex 44.18 Builders joinery and carpentry of
wood
Beadings and mouldings
Manufacture from materials of any heading,
except that of the product. However, cellularwood panels, shingles and shakes may be
used
Beading or moulding
ex 44.21 Match splints; wooden pegs or pins
for footwear
Manufacture from wood of any heading except
drawn wood of heading 44.09
Chapter 45 Cork and articles of cork Manufacture from materials of any heading,
except that of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70 % of the ex-works price of the product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
Chapter 46 Manufactures of straw, of esparto
or of other plaiting materials;
basketware and wickerwork
Manufacture from materials of any heading,
except that of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70 % of the ex-works price of the product
Chapter 47 Pulp of wood or of other brous
cellulosic material; recovered (waste
and scrap) paper or paperboard.
Manufacture from materials of any heading,
except that of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70 % of the ex-works price of the product
Chapter 48 Paper and paperboard; articles
of paper pulp, of paper or of
paperboard
Manufacture from materials of any heading,
except that of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70 % of the ex-works price of the product
Chapter 49 Printed books, newspapers, pictures
and other products of the printing
industry; manuscripts, typescripts
and plans
Manufacture from materials of any heading,
except that of the product
Or
Manufacture in which the value of all the
non-originating materials used does not exceed
70 % of the ex-works price of the product
ex Chapter 50 Silk; except for: Manufacture from materials of any heading,
except that of the product
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
ex 50.03 Silk waste (including cocoons
unsuitable for reeling, yarn waste and
garnetted stock), carded or combed
Carding or combing of silk waste
50.04 to
ex 50.06
Silk yarn and yarn spun from silk
waste
Spinning of natural bres or extrusion of
man-made bres accompanied by spinning or
twisting(3)
50.07 Woven fabrics of silk or of silk
waste
Weaving (4)
Or
Printing accompanied by at least two
preparatory or nishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendaring, shrink resistance
processing, permanent nishing, decatising,
impregnating, mending and burling) where
the value of the unprinted fabric used does
not exceed 47.5% of the ex-works price of the
product
ex Chapter 51 Wool, ne or coarse animal hair;
horsehair yarn and woven fabric;
except for:
Manufacture from materials of any heading,
except that of the product
51.06 to
51.10
Yarn of wool, of ne or coarse animal
hair or of horsehair
Spinning of natural bres or extrusion of man-
made bres accompanied by spinning(5)
__________________________3 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.4 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.5 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
51.11 to
51.13
Woven fabrics of wool, of ne or
coarse animal hair or of horsehair:
Weaving (6)
Or
Printing accompanied by at least two
preparatory or nishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendaring, shrink resistance
processing, permanent nishing, decatising,
impregnating, mending and burling) where
the value of the unprinted fabric used does
not exceed 47.5% of the ex-works price of the
product
ex Chapter 52 Cotton; except for: Manufacture from materials of any heading,
except that of the product
52.04 to
52.07
Yarn and thread of cotton Spinning of natural bres or extrusion of man-
made bres accompanied by spinning(7)
52.08 to
52.12
Woven fabrics of cotton Weaving (8)
Or
Printing accompanied by at least two
preparatory or nishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendaring, shrink resistance
processing, permanent nishing, decatising,
impregnating, mending and burling) where
the value of the unprinted fabric used does
not exceed 47.5% of the ex-works price of the
product
ex Chapter 53 Other vegetable textile bres; paper
yarn and woven fabrics of paper
yarn; except for:
Manufacture from materials of any heading,
except that of the product
6 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.7 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.8 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
53.06 to
53.08
Yarn of other vegetable textile bres;
paper yarn
Spinning of natural bres or extrusion of man-
made bres accompanied by spinning(9)
53.09 to
53.11
Woven fabrics of other vegetable
textile bres; woven fabrics of paper
yarn:
Weaving(10)
Or
Printing accompanied by at least two
preparatory or nishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendaring, shrink resistance
processing, permanent nishing, decatising,
impregnating, mending and burling) wherethe value of the unprinted fabric used does
not exceed 47.5% of the ex-works price of the
product
54.01 to
54.06
Yarn, monolament and thread of
man-made laments
Extrusion of man-made bres accompanied by
spinning or spinning of natural bres(11)
54.07 and
54.08
Woven fabrics of man-made lament
yarn:
Weaving (12)
Or
Printing accompanied by at least two
preparatory or nishing operations (such
as scouring, bleaching, mercerising, heat
setting, raising, calendaring, shrink resistance
processing, permanent nishing, decatising,
impregnating, mending and burling) where
the value of the unprinted fabric used does
not exceed 47.5% of the ex-works price of the
product
55.01 to
55.07
Synthetic lament tow., Articial
lament tow, Synthetic staple bres,
Articial staple bres, waste of man-
made bres
Extrusion of man-made bres
9 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.10 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.11 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
12 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
55.08 to
55.11
Yarn and sewing thread of man-made
staple bres, articial staple bres
and synthetic bres,
Spinning of natural bres or extrusion of man-
made bres accompanied by spinning
55.12 to
55.16
Woven fabrics of synthetic and
articial staple bres
Weaving
or
Printing accompanied by at least two preparatory
or nishing operations (such as scouring,
bleaching, mercerising, heat setting, raising,
calendaring, shrink resistance processing,
permanent nishing, decatising, impregnating,
mending and burling) where the value of the
unprinted fabric used does not exceed 47.5% of
the ex-works price of the product
ex Chapter 56 Wadding, felt and non-wovens;
special yarns; twine, cordage, ropes
and cables and articles thereof;
except for:
Extrusion of man-made bres accompanied by
spinning or spinning of natural bres
Or
Flocking accompanied by dyeing or printing
(13
)
56.02 Felt, whether or not impregnated,
coated, covered or laminated:
-Needleloom felt Extrusion of man-made bres accompanied by
fabric formation,
However:
- polypropylene lament of heading 54.02,
- polypropylene bres of heading 55.03
or 55.06, or- polypropylene lament tow of heading 55.01,
of which the denomination in all cases of a
single lament or bre is less than 9 decitex,
may be used, provided that their total value
does not exceed 40% of the ex-works price
of the product
Or
Fabric formation alone in the case of felt made
from natural bres (14
)
13 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.14 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
-Other Extrusion of man-made bres accompanied by
fabric formation,
Or
Fabric formation alone in the case of other felt
made from natural bres(15)
56.03 Nonwovens, whether or not
impregnated, coated, covered or
laminated
Any non-woven process including needle
punching
56.04 Rubber thread and cord, textilecovered; textile yarn, and strip and
the like of heading 54.04 or 54.05,
impregnated, coated, covered or
sheathed with rubber or plastics:
-Rubber thread and cord, textile
covered
Manufacture from rubber thread or cord, not
textile covered
-Other Extrusion of man-made bres accompanied byspinning or spinning of natural bres (16)
56.05 Metallized yarn, whether or not
gimped, being textile yarn, or strip or
the like of heading 54.04 or 54.05,
combined with metal in the form of
thread, strip or powder or covered
with metal
Extrusion of man-made bres accompanied
by spinning or spinning of natural and/or man-
made staple bres (17)
56.06 Gimped yarn, and strip and the like
of heading 54.04 or 54.05 , gimped
(other than those of heading 56.05
and gimped horsehair yarn); chenille
yarn (including ock chenille yarn;
loop wale-yarn
Extrusion of man-made bres accompanied
by spinning or spinning of natural and/or man-
made staple bres
Or
Spinning accompanied with ocking
Or
Flocking accompanied by dyeing(18)
15 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.16 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.17 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.18 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
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HSHeading
NoDescr iption of the Products
Origin Criteria (Working or processingcarried out on non-originating materialsthat confers or iginating status)
Chapter 57 Carpets and other textile oor
coverings:
Spinning of natural and/or man-made staple
bres or extrusion of man-made lament yarn,
in each case accompanied by weavingOr